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Australia NICNAS: Guidelines on Confidentiality in AICS

On Jan 6th, 2015, the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) issued the guidelines on the confidentiality of information in Australian Inventory of Chemical Substances (AICS).

The confidentiality concessions granted to substances listed in the AICS offer protection in two areas. First registrants can request exemption from publication of certain chemical information. To make this request, the industry should submit an application to the Director and provide a rationale for exemption supported by data and/or other evidence.

It should be noted that if the information is considered as “basic information”, then it cannot be exempted from publication. “Basic information” includes:

  • the name or names by which the chemical is known to the public or is intended by its importer or manufacturer to be known;

  • the chemical’s general uses;

  • the precautions and restrictions to be observed in the manufacture, handling, storage, use and disposal of the chemical;

  • recommendations arising from the assessment of the chemical under the Industrial Chemicals Notification and Assessment (ICNA) Act that relate to disposing of the chemical and rendering it harmless;

  • the procedures to be followed in the event of an emergency involving the chemical;

  • prescribed physical and chemical data about the chemical, not being data that would reveal the chemical’s composition;

  • prescribed data relating to the health effects or the environmental effects of the chemical.

The second possibility is to apply for listing as a chemicals listed in the AICS deemed confidential. It also requests an application with reasoned argument supported by data and/or other evidence. The Director will decide whether the applicant’s commercial interests would be undermined by listing the chemical in the non-commercial section of AICS. The confidential list of AICS is reviewed every five years.

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